Whose side would you be on? UPDATE page 17 (?!?)

[maxaroni]

I may be off target, not completely understanding the Canadian insurance, but would this be considered insurance fraud, in the States? To me, the car should be registered nad insured by the full time driver of the car. I am not talking about the fact the insurance is actually paid, and who pays it, but is it some sort of issue (in the States) that this would be a problem. Again, i may be off the mark but don’t know for sure.

 

[kimblebee]

According to the internet, that's not totally true...
Source

My province is to listed here so this is all moot.

 

[brockash]

He ‘gave’ the car to us as a gift though. Not, here, use the car for now..more of a ‘here’s a car’

We couldn’t transfer the title because like I said, it would not have passed a required safety check so it’s a way around the system. It’s using a loophole but it’s very common.



Yes, his name is on the insurance but we have been paying it for the last three years, along with all repairs needed.

You guys need to stop trying to get around the system, otherwise this will never end. You shouldn't be paying for insurance in his name nor claiming a car in his name is yours. This is a prime example of why and really this isn't that bad. You'll have to always do things to the t or accept that you'll always be at the mercy of others, because technically you're in the wrong.

 

[maxaroni]

I guess we all have our lines that we would not cross, however, driving a car that wouldn’t be able to be transferred is a big problem, to me. Not knowing if any safety checks are done anymore, even in the States, but if it wouldn’t pass to transfer....I do not want to drive it until it’s fixed. NJ used to have yearly car inspections for safety, lines got long and I believe went to every other year. Can’t recall if that was spread out even further or not. However,now it’s only emissions testing every so many years...can’t recall how often.. 4 years?

 

[mom2rtk]

I guess we all have our lines that we would not cross, however, driving a car that wouldn’t be able to be transferred is a big problem, to me. Not knowing if any safety checks are done anymore, even in the States, but if it wouldn’t pass to transfer....I do not want to drive it until it’s fixed. NJ used to have yearly car inspections for safety, lines got long and I believe went to every other year. Can’t recall if that was spread out even further or not. However,now it’s only emissions testing every so many years...can’t recall how often.. 4 years?

Our state requires periodic safety checks to be licensed. I think most of ours have been every other year.

 

[sam_gordon]

My province is to listed here so this is all moot.

Look at post #98.

It just doesn't make sense that accidents would only be reflected in DL fees, which are done only every 5 years.

Also, on the site I quoted in post #98, it says you pay your deductible THEN the rest is covered. So is the ~$1K what you'd get back after you "pay" the deductible? So the car is actually worh ~$1500?

 

[kimblebee]

OP, you said it wouldn't pass a safety inspection in order to transfer the title. Do you not have annual safety inspections on cars in Canada?
I'm not sure we do in all the States here, but we definitely do in some.

I don’t know about other provinces but here, no, a yearly inspection is not required.

I may be off target, not completely understanding the Canadian insurance, but would this be considered insurance fraud, in the States? To me, the car should be registered nad insured by the full time driver of the car. I am not talking about the fact the insurance is actually paid, and who pays it, but is it some sort of issue (in the States) that this would be a problem. Again, i may be off the mark but don’t know for sure.

OMG yes, you are off the mark. No fraud at all because there are no drivers listed on an insurance policy. I’d doesnt matter if 47 people share the car and they all are 16.

 

[kimblebee]

Look at post #98.

It just doesn't make sense that accidents would only be reflected in DL fees, which are done only every 5 years.

Also, on the site I quoted in post #98, it says you pay your deductible THEN the rest is covered. So is the ~$1K what you'd get back after you "pay" the deductible? So the car is actually worh ~$1500?

Yes, sorry I should have said that from the start. We pay the deductible (get it taken out of the cheque) and then get a cheque for the rest. That’s my bad.

 

[Hikergirl]

I don’t know about other provinces but here, no, a yearly inspection is not required.
.

I assumed that but wasn't sure, thanks for answering.

 

[kimblebee]

Ok, it’s nap time so I’m leaving for a while..not running away. If there are new questions I’ll answer them later.

Thanks for all the opinions

 

[CrankyDad]

BIL gets the money. Really pretty simple. OP should not expect the small amount you will get from the insurance company.

His name was on the title, and he was the insured person. If OP does not like, it, she should have gotten their OWN car, put it under their name and done things by the book.

 

[maxaroni]

I don’t know about other provinces but here, no, a yearly inspection is not required.



OMG yes, you are off the mark. No fraud at all because there are no drivers listed on an insurance policy. I’d doesnt matter if 47 people share the car and they all are 16.

It’s more of a curiosity question, again not knowing Canadian rules, it’s very different here in the States. I believe, for us, this would be insurance fraud (I think). I wasn’t insinuating you were but in the States I *think* it would be.

With all of this being said, I am truly interested in how things are sometimes similar, yet, other times, so very different.

 

[North of Mouse]

The primary drivers are listed on our insurance - sure, others can drive, and they are covered, but it's obvious who the primary drivers are. Also, we have annual inspections, or else car tags are not issued. Your situation, OP, could never happen legally here.

 

[robinb]

Personally, i think your BIL is being a jerk.



That being said, he's the legal owner of the car and the insurance is in his name so he can legally pocket the money.

I'm glad everyone is OK and it's bummer that you now need to find a new car without that extra $1000 .

 

[sk!mom]

Thanks for chiming in

You're welcome. You did post a thread titled, "Whose side would you be on?"

Ok, for the people in the back, it doesn’t matter to the insurance company who was driving the car on a daily basis. No, the insurance on the car won’t go up because of the accident. The increase is felt on a persons licence.

*not directed at you specifically* can people please read the thread before commenting. The same 3 comments and questions are being said over and over and over. My answers don't change.

Are you sure about that? From http://www.ibc.ca/nl/insurance-101/insurance-basics/insurance-myths

"MYTH: If I’m injured in an auto collision, my medical expenses are paid for by the provincial or territorial government’s health care plan. FACT: Auto insurers pay more for medical rehabilitation costs in Canada than government health insurance plans, workers’ compensation plans and private health-care plans combined. Every year, insurers pay at least $2 billion for the medical rehabilitation of injured Canadians. Insurers pay through the accident benefits portion of auto insurance policies, the tort system and health care levies.

MYTH: Only insurance companies pay for high or excessive legal settlements.
FACT: Insurance companies collect premiums from consumers and use these funds to pay for claims. Money to pay for large legal settlements comes directly from these funds, or directly from the pockets of each and every policyholder. If the cost of claims increases, insurers need to adjust the premiums to keep pace."


From a quick search, I believe the OP is also misinformed about whether or not her DH should have been listed on insurance all along. Yes, other people driving your car are insured but I believe Primary drivers must be insured.

 

[ShirikiUtundu]

I am quite surprised that you have had problems with your brother in law for more than 5 years and yet essentially entered into a business agreement with him when you accepted the car and the terms 3 years ago. It was not a good decision from the start. That said, $1000 is not enough money to argue with family over. If you decide not to have anything to do with him any longer that's fine but it really shouldn't have anything to do with what was a big mistake made by all parties 3 years ago.

 

[Nancyg56]

Legally, yes it is. I’m not disputing that. It’s the fact that he gave us the car as a wedding present..not as a loaner; as a keeper. If it was ‘his car’ he should have been paying for all the repairs, no?

I think that he took all the risk. Had something happened the liability would be on him. The car was yours but the risk was his.

 

[kimblebee]

You're welcome. You did post a thread titled, "Whose side would you be on?"



Are you sure about that? From http://www.ibc.ca/nl/insurance-101/insurance-basics/insurance-myths

"MYTH: If I’m injured in an auto collision, my medical expenses are paid for by the provincial or territorial government’s health care plan. FACT: Auto insurers pay more for medical rehabilitation costs in Canada than government health insurance plans, workers’ compensation plans and private health-care plans combined. Every year, insurers pay at least $2 billion for the medical rehabilitation of injured Canadians. Insurers pay through the accident benefits portion of auto insurance policies, the tort system and health care levies.

MYTH: Only insurance companies pay for high or excessive legal settlements.
FACT: Insurance companies collect premiums from consumers and use these funds to pay for claims. Money to pay for large legal settlements comes directly from these funds, or directly from the pockets of each and every policyholder. If the cost of claims increases, insurers need to adjust the premiums to keep pace."


From a quick search, I believe the OP is also misinformed about whether or not her DH should have been listed on insurance all along. Yes, other people driving your car are insured but I believe Primary drivers must be insured.

Am I sure about what?

*sigh* my bil is not listed as the driver of the vehicle, just the owner of the vehicle. Besides actually scanning the insurance papers, I do t know what else I can do for you.

 

[kimblebee]

I am quite surprised that you have had problems with your brother in law for more than 5 years and yet essentially entered into a business agreement with him when you accepted the car and the terms 3 years ago. It was not a good decision from the start. That said, $1000 is not enough money to argue with family over. If you decide not to have anything to do with him any longer that's fine but it really shouldn't have anything to do with what was a big mistake made by all parties 3 years ago.

I actually didn’t know the car had been given to us until it was brought up a few months later. BIL also has a motorcycle and a truck so he had been letting us use the car for about six months before the wedding. We had still been paying for repairs and insurance but I guess he said we could officially keep it after the wedding. I wasn’t involved in it so I don’t know what was said. All I know is that he specifically said it was ours for good.

I think that he took all the risk. Had something happened the liability would be on him. The car was yours but the risk was his.

What risk? His license wasn’t affected. He couldn’t get sued. His insurance didn’t go up. He literally had no risk.

 

[ronandannette]

You're welcome. You did post a thread titled, "Whose side would you be on?"



Are you sure about that? From http://www.ibc.ca/nl/insurance-101/insurance-basics/insurance-myths

"MYTH: If I’m injured in an auto collision, my medical expenses are paid for by the provincial or territorial government’s health care plan. FACT: Auto insurers pay more for medical rehabilitation costs in Canada than government health insurance plans, workers’ compensation plans and private health-care plans combined. Every year, insurers pay at least $2 billion for the medical rehabilitation of injured Canadians. Insurers pay through the accident benefits portion of auto insurance policies, the tort system and health care levies.

MYTH: Only insurance companies pay for high or excessive legal settlements.
FACT: Insurance companies collect premiums from consumers and use these funds to pay for claims. Money to pay for large legal settlements comes directly from these funds, or directly from the pockets of each and every policyholder. If the cost of claims increases, insurers need to adjust the premiums to keep pace."


From a quick search, I believe the OP is also misinformed about whether or not her DH should have been listed on insurance all along. Yes, other people driving your car are insured but I believe Primary drivers must be insured.

The site you quoted is specifically applicable to the province of Newfoundland only. There are simply NO uniform standards or policies that apply in relation to auto insurance across all of Canada - none.